Following the notification of the Railway Services [Revised Pay] Rules, 2008, this Ministry has received references from some Railways seeking clarifications regarding fixation of pay in cases of Railway Servants drawing pay at maximum of the scale or drawing stagnation increment[s] in the pre-revised scale. The matter has been examined in consultation with Ministry of Finance, Department of Expenditure. The points of doubt and clarifications thereto are as under:

S.No.

Points of Doubt

Clarifications

1

As per the proviso to Rule 10 of Railway Services [Revised Pay] Rules, 2008, in the case of persons who had been drawing maximum of the existing scale for more than a year as on the 1st day of January, 2006, the next increment in the revised pay structure shall be allowed on the 1st day of January, 2006. Whether the benefit of one additional increment under the proviso to Rule 10 of RS [RP] Rules, 2008 would be available even to those who had reached the maximum of the scale on 1.1.2005, i.e. drawing maximum of pay exactly for one year as on 1.1.2006?

As already clarified vide Clarification No. 5 issued vide Railway Board’s letter No. PC-VI/2008/I/RSRP/1 dated 11.2.2009 [S.No. PC-VI/76, RBE No.28/2009] in all cases, where a Railway Servant has been granted an increment [whether normal annual increment or stagnation increment] after January 1, 2005, no increment will be allowed on 1.1.2006 at the time of fixation of pay in the revised pay structure.

From the foregoing, it is evident that in cases where Railway Servants have been granted an increment [whether normal annual increment or stagnation increment] after January 1, 2005, no increment will be allowed on 1.1.2006 at the time of fixation of pay in the revised pay structure. In other words, those who were granted their last increment [whether normal annual increment or stagnation increment] on or before 1.1.2005, will be allowed an increment on 1.1.2006 at the time of fixation of their pay in the revised pay structure.

2

Whether even those employees who had already been granted one, two or three stagnation increments after reaching the maximum of the scale and thereafter drawing such pay for exactly one year [having drawn last stagnation increment on 1.1.2005] or more than one year as on 1.1.2006 are also to be granted benefit of one additional increment as per proviso to of Rule 10 of RS [RP] Rules, 2008?

3

In accordance with Note 7 below Rule 7 of the Railway Services [Revised Pay] Rules, 2008, in cases where the revised pay of a Railway Servant who was, immediately before 1.1.2006, drawing more pay than another Railway Servant junior to him in the same cadre, gets fixed in the revised pay band at a stage lower than that of such junior, his pay shall be stepped up to the same stage in the revised pay band as that of the junior. Whether the provisions of this note will be applicable in the situation where such a senior Railway Servant who was immediately before 1.1.2006 drawing more pay than another Railway Servant junior to him in the same cadre gets fixed at a stage lower than that of such junior due to grant of additional increment as per 1st proviso to Rule 10 of RS [RP] Rules, 2008?

Even though Note 7 below Rule 7of RS [RP] Rules, 2008, specifically states that the provisions contained therein shall be applicable in cases where pay fixation is done under Sub Rule [1] of Rule 7, it is clarified that the provisions of this Note shall also be applicable in the situations arising due to pay fixation of the junior employee under proviso to Rule 10 of RS [RP] Rules, 2008 .